According to Daniel Siegel, a practicing attorney
and president of Integrated Technology Services in Havertown, Pa.,
transcription software is one of the most useful types of software a
law firm can implement, regardless of firm size or case complexity.
This news should be of particular interest to paralegals, since a
large part of paralegal jobs is preparing deposition summaries. These
documents, culled from reviewing and condensing scores of pages of
testimony, are vital to attorneys. Unfortunately, there never has
been a quick way to prepare deposition summaries, even for the most
experienced paralegals. Attorneys determine what information they
are looking for and it’s the paralegal’s job to find that
information, which often entails pouring through stacks of
documents. It’s no secret that the traditional way of completing
deposition summaries is time consuming — it’s just not possible to
quickly reduce 200 pages down to 20 pages, while ensuring that the
required information is included in the summary.

The Old
Way: Pluses and Minuses

Caren Mansfield, a paralegal since 1987 with Baker,
Baker, and Krajewski in
Springfield,
Ill., has been preparing
deposition summaries for over 20 years.
Mansfield
normally can review up to thirty pages of a deposition in one hour.
“We have not considered using transcript software. [It] can be
costly and most of our cases are manageable using other means,”
Mansfield
said.

According to Siegel, who started using
transcription software in 2001, he would have saved hundreds of
hours in deposition summary preparation simply by using the software
earlier in his career. “There is no benefit in preparing deposition
summaries manually,” Siegel said.

Not everyone who has used transcription software
is convinced. L. Jane Bourgoin, a paralegal for over 30 years and a
freelance paralegal in the
Denver
metropolitan area for the last 15 years, has used CT Summation in
the past and found that it made little or no difference in the time
it takes to complete a deposition summary. However, Bourgoin noted
that more intuitive software would make the deposition summary
process easier. “I would like software that assists with
formatting,” Bourgoin said. “The programs I have used do not readily
allow one to format digests in various styles preferred by
attorneys. It’s pretty much ‘one size fits all’ and attorneys have
different preferences.”

Technology: Advantages and Disadvantages

Bourgoin spends between eight and 18 hours preparing
a deposition summary, depending on the complexity of the deposition.
“Expert witness depositions take longer,” she said. “If I’m allowed
to do the summary in first person, I find that takes less time.”
Bourgoin has noticed a decrease in the number of attorneys that
request deposition summaries over the last five to six years and
believes this is due to increased usage of transcription software by
law firms. “Some attorneys still rely on a summary, but they are no
longer in the majority,” she said. Still, just like Siegel doesn’t
feel there is any benefit to preparing deposition summaries
manually, Bourgoin doesn’t think there is any benefit to using
transcription software to prepare summaries. “The only advantage to
it is that the transcript is on my computer screen,” she said.

So will any product really make a difference in
deposition summary preparation? Yes, according to Siegel, who also
works as a consultant on complex litigation cases. “Many attorneys
remain unaware of the benefits of these products,” he said, adding
that the top five reasons why law firms are hesitant to purchase
transcription software include:

Inability to realize there are solutions available. Siegel
noted that many offices simply are unaware of the products that
are available on the market.

Inertia. Why change what has worked in the past? Attorneys,
like everyone else, are reluctant to change a process that has
been working for years.

Cost. While Siegel agreed that the cost often can be
prohibitive, there are many products available that easily can
fit the budget of even solo firms.

Difficulty incorporating solutions into their workflow.
“Legal professionals realize that there are technology solutions
available, but they may have no idea how those solutions relate
to their firm,” Siegel said. Fortunately, many of the software
vendors offer downloadable demos that you can try out at your
leisure.

The time it takes for the staff to learn new software. This
might be a bit difficult to overcome, but educating personnel on
what is available and, more importantly, what it can do for
them, will help them overcome their natural reticence when
trying something new.

Just purchasing the software isn’t enough, cautions
Siegel. It’s important that anyone using the software be properly
trained on it. “On a regular basis, I find that people are not
adequately trained on the software products that they use daily,”
Siegel said. “In order to get the best performance from the
software, it’s important that you be properly trained.”

Large Firm vs. Small Firm

While large firms can benefit from automating the
deposition summary process, there are reasons for small firms to
consider using transcription software as well. Many small firms have
less support personnel on staff, so many of the duties frequently
assigned to office support staff are delegated to the firm
paralegal, leaving little time to prepare deposition summaries.
Small firms also might benefit from the organizational features
often included with transcription software such as document search
and link capabilities.

While firm size might play a part in the use of
legal software, just about any size firm can benefit from using
transcription software. Light use of a transcription software
product can shorten the time spent preparing deposition summaries.
Extensive use can assist para­legals in transcript organization,
including attaching relevant documentation, exhibits and associated
notes. And while just a few years ago, transcription software was
limited to one or two select programs that included advanced
features that small firms were un­likely to utilize, the choices now
are more extensive. Depending on the needs of your firm and how
technologically advanced your firm currently is, or would like to
be, you can choose from a simple program that assists with
transcript organization or purchase a high-end, sophisticated
product that will allow you to create depositions quickly, and even
in real-time, using video and audio feeds.

Even solo practitioners can reap benefits from
this specialty product. And the variety of options available makes
it easier than ever to find a product suitable for every budget,
meaning that small firms will not have to pay a high licensing fee
for a product loaded with dozens of features that they never will
use.

Available Programs

Whether you are looking for full-fledged automation,
or just a little help, there likely is a legal transcription
software product ready to assist you. Be sure to look for these
common features when researching products for your firm:

Capability to import text from a variety
of file formats in order to perform a full-text search of each
deposition.

Ability to link testimony to specific issues or
assign criteria.

Ability to highlight testimony for later review
or to create deposition summaries.

Capability of allowing associates or interested
parties to review deposition testimony in real-time or over the
Internet, using both audio and visual feeds.

The following products represent a small fraction of
the transcription software products available. Many of these
products offer new users a 30-day trial or a downloadable demo so
you can try out the software before purchasing. Take the time to
research these products and see if one is right for you.

LiveNote (www.livenote.com).
Containing features such as the ability to annotate transcripts,
create reports based on specific criteria (such as indicated issues
or exhibits) and the ability to share reports with associates,
LiveNote continues to add new features and capabilities with each
new release. Available as a yearly subscription, LiveNote offers
subscribers their choice of three gateways; desktop/LAN and two
remote access models — Web/Portal and Citrix/Terminal Services. Use
the WordWheel index to locate specific areas in a transcript.
Transcripts can be annotated in a variety of methods by using issue
marks, auto tags, attachments or by adding notes to a specific area.
LiveNote also offers Real-time Transcript Text so that interested
parties can have access to a deposition and make notes as the
deposition is occurring. Audio and video stream options also are
available. The gateways and portals used mean that you always can
access transcripts, including real-time, from any location with an
Internet connection. With the extensive options available, LiveNote
is an excellent choice for larger firms involved in complex
litigation, but the subscription plan might prove to be too
expensive for smaller firms that might not reap rewards comparable
to the annual cost.

CT Summation (www.ctsummation.com).
CT Summation is both transcript and document management software.
Using Summation, you can search and annotate transcripts, or view
and annotate transcripts using real-time technology. You also can
link documents and transcripts with CT Summation. The CT Summation
Enterprise product suite includes both iBlaze and WebBlaze,
available in both single-user and network versions. IBlaze offers
integrated transcript management, the ability to manage electronic
evidence and a wide selection of production tools. WebBlaze, which
is Web-based, allows you to search and organize transcripts while
sharing vital information with associates, expert witnesses and
other key personnel as needed. CT Summation traditionally has been
used by larger firms and corporations, and might be too
features-­driven for smaller firms looking to implement a product
quickly and with limited expense. Nevertheless, over 50,000 users
worldwide is a strong argument in favor of this litigation support
software.

TextMap Transcript Summary Tool (www.casesoft.com).
Traditionally used with CaseMap, TextMap is making a name for itself
as a stand-alone product. Recently released Version 4 of TextMap
contains several new features de­signed to make using TextMap more
productive. New in Version 4 is the Word Index Option that indexes
every word in any transcript that is imported into TextMap. You also
can print the word index to review or generate a word index for
multiple transcripts. New reports such as Footnote and End-Note
Reports also have been added. These reports display any annotations
made in the transcript, along with any notes that have been added.
Issue Coding also has been added, where you can utilize an outline
from CaseMap or create one from scratch in TextMap. The issue coding
feature allows you to utilize color-coded flags that correspond to
various issues. When you run your reports, those color-coded
passages will be visible in your report as well. For paralegals that
prefer to use paper rather than a computer screen, the Note-­Taking
Report allows you to print condensed transcript pages on the left
side of the page with an area to add handwritten notes on the right.
The ReportBooks feature, previously found only in CaseMap, now is
included in TextMap as well. TextMap allows you to upload
transcripts from many different formats, and the electronic version
allows team members to search all available transcripts, add
pertinent notes and even create transcript summaries from anywhere
with an Internet connection. TextMap is a good fit for law firms of
all sizes, but especially for smaller firms that would like to
utilize transcription software but have no need for the high-tech
features that frequently come along with such products.

DepoSmart (www.claritylegalsoftware.com).
DepoSmart definitely is the new kid on the block. It allows you to
easily analyze, annotate and print transcripts. You also can connect
to real-time transcripts, import images and exhibits, and share
transcripts with team members by utilizing the Transcript Viewer,
included with Depo­Smart. DepoSmart offers several outstanding
features, including the ability to add detailed information to
transcripts such as client matter, firm information and case
description. All transcript files easily are exported and are
encrypted for security. A complete, searchable word index is
available for every transcript and includes word counts as well.
Exhibit links also can be added to transcripts and transcripts can
be condensed if needed. One of the things that makes DepoSmart even
more versatile is that it’s available for Windows, Mac and Linux
platforms, making it easy to incorporate with whatever technology
your firm currently uses. DepoSmart would be an excellent fit for
firms looking to try transcription software for the first time.
Online video tutorials guide new users through the program at their
own pace.

Transcript Manager Pro (www.1360studios.com).
Transcript Manager Pro, another newcomer to the transcription
software arena, allows you to identify and annotate specific case
issues in each transcript, using real-time technology. Available for
both Windows and Mac platforms, Transcript Manager Pro offers a
30-day free trial. You also can create custom searches and reports
based on specified criteria. The Case Tree organizes transcripts and
reports, and saves searches for quick future access. The Quick
Searching function starts searching text as soon as you begin to
type. Ideal for smaller firms looking to try out a transcription
software product without a heavy investment in time, money or
training, Transcript Manager Pro can be installed and utilized
within hours, not days.

Worth a Look

It’s clear that there are differing opinions on the
advantages of using transcription software. As Siegel mentioned,
many attorneys and paralegals remain hesitant to adopt new
technology for various reasons. Perhaps it’s because of the
complexity of transcription software products that until recently
have dominated the market. Many of these products were designed with
large or corporate firms in mind and included dozens of features not
applicable to smaller or solo firms. But as more products enter the
playing field, even paralegals hesitant to use transcription
software might find themselves taking a new look at this technology.
While preparing a thorough deposition summary never will be a quick
procedure, and while the experience of the paralegal always will
play a large role in preparing deposition summaries, there are
scores of software products available that definitely can aid in
that preparation, thus making the professional life of the paralegal
a bit easier.

Mary Girsch-Bock is an independent
business and software consultant from Rio Rancho, N.M., who
currently specializes in legal and property management software.